Abu Bakkar Ali @ Md. Abu Bakkar ... vs The State Of Assam And Anr
2023 Latest Caselaw 3044 Gua

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GAHC010156202023




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                 Case No. : Crl.A./297/2023

            ABU BAKKAR ALI @ MD. ABU BAKKAR SIDDIQUE
            S/O LATE MOKSHED ALI,
            R/O CHAMPUPARA, P.S.- CHHAYGAON, DIST.- KAMRUP (R), ASSAM.



            VERSUS

            THE STATE OF ASSAM AND ANR.
            REP. BY P.P., ASSAM.

            2:MD. ROBIUL HUSSAIN
             S/O LATE MOKIM ALI

            R/O CHAMPUPARA
            P.S.- CHHAYGAON
            DIST.- KAMRUP (R)
            ASSAM

Advocate for the Petitioner   : MR. A PARAMANIK

Advocate for the Respondent : PP, ASSAM




                                   BEFORE
                     HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                          ORDER

10.08.2023

Heard Mr. A. Paramanik, learned counsel for the appellant. Also heard Page No.# 2/2

Mr. B. Sarma, learned Addl. Public Prosecutor, Assam appearing for the State respondent No.1.

This appeal under Section 374(2) Cr.P.C. has been preferred against the judgment and order, dated 03.07.2023, passed in Special POCSO Case No.05/2015 by the learned Special Judge (POCSO), Kamrup, Amingaon convicting the accused/appellant to undergo R.I. for 5 years and to pay fine of Rs.20,000/- only, in default, to undergo S.I. for 4 months under Section 8 of the POCSO Act, 2012.

This appeal is admitted.

As Mr. B. Sarma, learned Addl. Public Prosecutor, has entered appearance on behalf of the State respondent No.1, no fresh notice needs to be issued. However, a copy of the memo of appeal along with the documents annexed thereto, be furnished to him during the course of the day.

Issue notice to the respondent No.2. Steps be taken by registered post with A/D within 3(three) days.

Call for the case records.

List after receipt of the LCR.

The connected I.A. will be considered after receipt of the LCR.

JUDGE

Comparing Assistant